The Delhi High Court, in a suit filed by Phonographic Performance Limited against Azure Hospitality Private Limited (owner of various popular restaurants such as Mamagoto, Dhaba, Sly Granny, Fox Trot etc), restrained Azure from playing PPL’s songs on the premises of their restaurants without an appropriate license.
The Court, upon a detailed review of the law as well as the existing judicial precedents, held that PPL, being the owner of the copyright in the songs, was entitled to issue licenses for their use, even though PPL was not a registered copyright society.
The Court took into account that the right of giving a license in its works was an inherent right of a copyright owner under Section 30 of the Copyright Act and that Section 33(1) of the Copyright Act could not override such an inherent right.
The Court noted that Azure had not denied that they were playing PPL’s songs in their premises and were therefore admittedly infringing PPL’s copyright. Azure was hence restrained from use of PPL’s songs till the final adjudication of the suit.
Phonographic Performance Limitedwas represented by Rajiv Nayar and Chander M Lall, senior counsel, along with Ankur Sangal, Partner, Khaitan & Co and his team comprising Sucheta Roy, Principal Associate, Raghu Vinayak Sinha, Senior Associate along with Shaurya Pandey, Associate.
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